MY M&M'S® Brand Store - Terms and Conditions
2. PRODUCT AND MERCHANDISE ORDERS
a. Pricing. Pricing, payment and other terms applicable to Product and Merchandise purchases, including, but not limited to, any applicable set-up fees, are set forth on the Site and incorporated into these Terms by reference. Mars Retail Group may, in its sole discretion, change any such prices or other terms at any time without notice.
b. General Requirements. By placing an order, you represent and warrant to Mars Retail Group that:
c. Custom-printed Orders. In addition to the general requirements set forth above, by placing an order for custom-printed Product and/or Merchandise ("Custom Items") requesting use of a photograph, logo, name, trademark, tradename or other mark ("Customer Marks"), you represent and warrant that:
d. Order Acceptance. All orders are subject to acceptance by Mars Retail Group. Mars Retail Group must and does reserve the absolute right to reject orders in its sole discretion.
3. CUSTOMER SERVICE: CHANGING & CANCELING ORDERS
a. For Merchandise, MY M&M'S® Chocolate Candies and pre-printed MY M&M'S® Milk Chocolate Candies:
Please check the status of your order online. If the status of your order appears as 'shipped,' we are unable to add to, change or cancel your order. If your order has not yet been shipped, you may call Customer Service at 1.888.696.6788, and a representative will gladly assist you with your changes or cancellation.
b. For Custom Items: Orders for Custom Items are Final. Each order for Custom Items is made to order. Once an order is placed, the order is final and cannot be changed or cancelled.
4. CUSTOMER SERVICE: SHIPPING & RETURNS
Custom Items may not be returned for credit. If your Custom Item order arrives damaged or incomplete and you notify us of the problem within 10 business days after your receipt of your order, we'll promptly replace the defective Product or provide the missing Product. For other information concerning shipping and returns, please refer to our Customer Service page.
5. YOUR CONTENT
From time to time, Mars Retail Group may permit you to post or submit content to the Site ("Content"). You understand that whether or not such Content is published, Mars Retail Group does not guarantee any confidentiality with respect to any Content. You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mars Retail Group to use all intellectual property or other proprietary rights in and to any and all such Content to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms. You will retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant Mars Retail Group and its affiliates a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Mars Retail Group's business, including, without limitation, for promoting Product, Merchandise and the Site (and derivative works thereof) in any media formats and through any media channels. You understand and agree that Mars Retail Group may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted from the Site. The above licenses granted by you in Content are perpetual and irrevocable. You further agree that (a) you will not post Content that includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mars Retail Group all of the license rights granted herein; and (b) you will not post Content that includes material that violates or fails to conform to applicable local, national, and international laws and regulations. Mars Retail Group does not endorse any Content or any opinion, recommendation, or advice expressed therein. Mars Retail Group expressly disclaims any and all liability in connection with Content. Mars Retail Group is not responsible for and does not assume any liability for the comments and opinions expressed by you or other users of the Site. You remain solely responsible for your Content. You agree that when using the Site, you will act in a manner consistent with the goals of the Site. By way of example, and not as a limitation, you specifically agree that: (a) you will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or other material or information that Mars Retail Group in its sole discretion views as objectionable, including but not limited to, text, graphics, audio, and video files; and (b) you will not post any files that contain viruses, corrupted files, or any other similar software, programs or routines that may damage the operation of the Site or another's computer.
6. FORCE MAJEURE.
Notwithstanding any other provision of these Terms, if Mars Retail Group is delayed in or prevented from fulfilling any of its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to acts of God or terrorism, fire, strikes, delay of transportation or inability to obtain necessary new materials through normal commercial channels, Mars Retail Group will not be liable for damages resulting from such delay or prevention. Mars Retail Group will promptly notify you of the occurrence of any such event and will use reasonable efforts to minimize the resulting delay or prevention.
You agree to defend, indemnify, and hold harmless Mars Retail Group, its officers, directors, affiliates, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) your Product and Merchandise orders, (ii) Product and Merchandise orders made by any third party using your account or password, (iii) your use, handling, repackaging, storage and/or distribution of Product and Merchandise, (iv) breach of any provision of these Terms by you or any third party using your account or password; (v) Content; and/or (vi) your use of the Site.
Mars Retail Group may change, suspend or discontinue all or any aspect of the Site at any time, including, without limitation, the processing of orders for Product and/or Merchandise and the availability of any information, without prior notice or liability. Mars Retail Group reserves the right, at its discretion, to change or modify all or any part of these Terms at any time; however, we will not make any changes that have a retroactive effect unless legally required to do so.
9. WARRANTY DISCLAIMER
MARS RETAIL GROUP PROVIDES ALL PRODUCT AND MERCHANDISE AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARS RETAIL GROUP AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE PRODUCT AND MERCHANDISE.
10. LIMITATION OF LIABILITY
In no event will Mars Retail Group be liable for any consequential, indirect, punitive or special damages of any kind arising out of or relating to use of (or inability to use) the Site and/or Product or Merchandise, even if Mars Retail Group has been advised of the possibility of such damages. This limitation may not be applicable to you because some jurisdictions do not allow limitations on or exclusions of liability for incidental or consequential damages in certain circumstances.
Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superceded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect. These Terms will be binding upon you and your successors and permitted assigns. You may not assign any of its rights or obligations hereunder without the express prior written consent of Mars Retail Group. All remedies available for breach of these Terms are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be deemed an election of such remedy of the exclusion of other remedies. You agree to execute and deliver such further documents and assurances, if any, as may be required from time to time to give effect to these Terms.